“Confession” And “Statement” Under Section 164 CrPC

Section 164 CrPC 

The procedural law for administering substantive criminal law in India is the Code of Criminal Procedure, 1973 (CrPC). It provides a comprehensive structure for investigating, prosecuting, and adjudicating criminal offences. A notable part of this framework is Section 164, which deals with recording confessions and statements. Let's take a closer look at this section to understand its implications and nuances.

Section 164 CrPC: An Overview

During the course of an investigation or inquiry, a Metropolitan or Judicial Magistrate in India is authorised under the provisions of Section 164 of India's Code of Criminal Procedure (CrPC) to record confessions and statements made by anyone involved in the case. This part guarantees that the process of gathering vital evidence is open and conducted according to the law.

A confession is defined as an express acknowledgement of guilt made by an accused individual, recognising their involvement in the crime, in accordance with Section 164 of the Criminal Code. It is imperative that it be done on a voluntary basis, without any temptation, threat, or promise. The magistrate must warn the accused person that any confessions they make could be used as evidence against them. Confessions that were taken unwillingly or under duress are not accepted as evidence. On the other hand, statements depict facts given by witnesses or individuals who have information about the crime. Under Section 164, they can be recorded, and the individual making the statement does not necessarily need to be in police custody for it to be recorded.

The Magistrate is required to sign any recorded confession or statement and make a note indicating that it was given voluntarily. These taped confessions and remarks carry weight in the courtroom and can be used as evidence if submitted at the trial. If a statement is recorded in accordance with Section 164, it is admissible in court even if the person who gave the statement is unable to be present or refuses to testify, provided that the conditions of the Indian Evidence Act are adhered to. This is one of the most significant benefits of recording statements under Section 164.

During the course of the inquiry, it is extremely important to maintain justice, transparency, and protection of the accused's legal rights, and Section 164 of the CrPC acts as a critical safeguard to accomplish these goals. It is helpful in the process of acquiring evidence that may be relied on and in respecting the principles of justice.

Distinction Between Confession and Statement

The first thing to consider is the difference between making a remark and confessing to anything. In the language of the law, an admission made by a person accused of a crime, in which the person acknowledges his guilt and implicates himself in the offence, is referred to as a "confession." It is a clear admission of guilt in relation to the offence that was brought against you. On the other hand, a "statement" is typically understood to relate to any representation of facts made by an individual. In the context of Section 164, this often refers to the comments made by witnesses or any information the accused may have regarding the crime, even though this information does not necessarily link the accused to the crime. When dealing with legal matters, it is critical to have a solid understanding of the difference between a "statement" and a "confession." Although all phrases include disclosing information or confessing to particular facts, each term's legal repercussions and ramifications are distinct. Let's go into the specifics to better understand the differences between them.

Confession

In legal parlance, a confession is an explicit acknowledgement of guilt made by an accused person regarding their involvement in a specific crime. It is a voluntary admission of committing the offence for which they are charged. Here are some key characteristics of a confession:

• Admission of Guilt: A confession is an unequivocal admission of guilt by the accused. It signifies their acceptance of responsibility for the crime charged against them.
• Accused as the Source: Confessions are made by the accused person, admitting their involvement in the offence. They directly implicate themselves in the crime.
• Voluntariness: A confession must be made voluntarily, without coercion, inducement, threat, or promise. The accused should provide the confession of their own free will, without external influences.
• Evidentiary Value: Confessions hold significant evidentiary value in criminal proceedings. They can be used as direct evidence against the accused in establishing their guilt.
• Cautionary Warning: Before recording a confession, the person making the confession must be cautioned by the recording authority that they are not bound to make the confession and that any confession made may be used against them as evidence.

Statement

On the other hand, a statement generally refers to any representation of facts or information provided by an individual, which may or may not implicate them in a crime. Here are some key characteristics of a statement:

• Factual Representation: A statement primarily involves the communication of facts or information, either witnessed by the person making the statement or known to them based on their knowledge or involvement.
• Witnesses or Informants: Statements are not limited to the accused. They can be made by witnesses, victims, informants, or anyone with relevant information about the crime.
• Voluntary or Compelled: Statements can be given voluntarily by individuals willing to provide information. However, legal authorities may also compel them to provide a statement based on their knowledge of the offence.
• Admissibility: When recorded under specific legal provisions such as Section 164 of the CrPC, statements hold admissibility in court. They can be presented as evidence during the trial, even if the person who made the statement is unavailable or refuses to testify, subject to the provisions of the Indian Evidence Act.
• No Admittance of Guilt: Unlike confessions, statements do not necessarily imply an admission of guilt. They may contain information about the crime, description of events, or details about the involvement of other individuals without directly implicating the person making the statement.

Understanding the distinction between confessions and statements is crucial in legal proceedings. Confessions serve as explicit admissions of guilt made by the accused, while statements encompass broader information provided by witnesses or individuals involved in the case. Both play significant roles in establishing facts and ensuring a fair and just resolution in criminal cases.

Recording of Confession under Section 164

It is the responsibility of the Magistrate to verify the voluntariness of a confession before recording it in accordance with Section 164. In accordance with the requirements of Section 24 of the Indian Evidence Act from 1872 (1), the accused must remain unaffected by any inducement, threat, or promise made to them. In the event that the confession is acquired under such conditions, it runs the risk of being ruled involuntary and is hence inadmissible in court. Before recording any confession, the Magistrate is obligated to warn the accused that he is not forced to make a confession and that any confession he makes may be used as evidence against him. This warning must state that the accused's confession may be used as evidence against him. In addition, the Magistrate is responsible for ensuring that the accused is not in the custody of the police at the time of the recording, thereby removing any possibility of coercion. When a confession is made and recorded, the Magistrate must sign it and make a note indicating it was made voluntarily. This is because the Magistrate is responsible for ensuring the confession is accurate. This written confession has the potential to become important evidence at a later date during the trial.

Recording of Statements under Section 164

Statements made in accordance with Section 164 are required to be recorded by a Metropolitan or Judicial Magistrate, just like confessions are. In contrast to confessions, however, it is not necessary for the individual making the statement to be in the custody of the police to do so. Another important distinction is that under this clause, individuals who make statements do not need to be warned that their statements may be used as evidence against them in court. This is because, in contrast to confessions, statements do not constitute admissions of guilt and are typically provided by witnesses rather than the person being accused. One of the most important aspects is that any statement of this kind, once it has been recorded by a Magistrate, is admissible in a trial, even if the person who made it is unable to be present in court or refuses to do so, provided that it complies with the requirements of the Indian Evidence Act.

Conclusion

The Criminal Procedure Code section 164 is key in ensuring the investigative process is fair and impartial. It does this by safeguarding against the possibility that police authorities may abuse their power. The provision in this section that allows for the recording of confessions and statements is an essential step towards maintaining transparency and preserving the rights of the accused while also contributing to the acquisition of evidence during the investigation of a crime. It is unequivocal proof that the criminal justice system is dedicated to striking a balance between the rights of the accused and the interest of society in punishing those who are responsible for wrongdoing. It is vital not only for legal experts but also for the general public to have a fundamental familiarity with the nuances of terms such as "confession" and "statement" to be aware of their rights and duties in accordance with the law.

(1) https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00034_187201_1523268871700&sectionId=38819&sectionno=24&orderno=25#:~:text=A%20confession%20made%20by%20an,sufficient%2C%20in%20the%20opinion%20of 

(2) https://indiankanoon.org/doc/497457/

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